If you’re reading this, you’re likely going through a very hard time. Maybe something has changed in your life or your child’s life, and you believe the current child custody arrangement is no longer working. You might be feeling confused, worried, or unsure about what steps to take next. We understand that child custody issues can be deeply emotional. You want what’s best for your child, and you also want stability and peace of mind. If you are thinking about changing a custody order in Texas, we’re here to guide you through the process and help you understand what the law allows.
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Learn MoreWhy Custody Orders Are Not Always Final
When a judge makes a custody decision, it’s meant to serve the best interest of the child at that time. But life is always changing. A job may move a parent to a new city, a child’s needs may shift, or one parent may stop following the court’s order. In Texas, the law allows for changes to be made when it’s clear that something important has changed since the last order. This is called a “modification.” The court understands that families grow and go through different situations. That’s why custody orders are not set in stone forever.
What Counts as a Big Enough Change
To get a custody order changed, the court looks for a “material and substantial change in circumstances.” That’s a legal way of saying that something important has happened in the lives of the child or parents since the original order was made. Some common examples include a parent getting remarried, moving far away, losing a job, or developing a health condition. It could also be a change in the child’s behavior, school performance, or safety. If a parent starts putting the child in danger, or if one parent is not allowing the other parent to see the child as the court ordered, that could also be reason to ask for a change.
The court wants to know if the change affects the child’s well-being or care. If the answer is yes, and the change is major enough, then the court may agree to look at changing the custody arrangement.
Who Can Ask for a Custody Change
Most of the time, one of the parents is the person who asks the court to make a change. But sometimes other people who have cared for the child for a long time, like grandparents or guardians, may also have the right to ask. If the person who wants to change the order is not the one the child lives with most of the time, they usually have to wait at least one year before they can ask unless the child is in danger or the other parent agrees to the change. This rule is in place to avoid unnecessary court fights and to give children stability.
How the Court Decides What’s Best
The number one thing the court looks at is what’s best for the child. Even if something big has changed, that alone is not enough. The judge wants to know how the change affects the child’s day-to-day life, safety, and emotional health. Texas law puts the child’s needs first, always. If the judge thinks the change will make the child’s life better or safer, then the judge may agree to change the order.
The judge might look at where the child goes to school, who they live with now, how they are doing emotionally, and how close they are to each parent. If the child is older than 12, the judge may ask the child who they want to live with. The court does not have to follow the child’s wishes, but it will listen and think about them.
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When a Parent Isn’t Following the Order
Sometimes, a custody order needs to be changed because one parent is not following it. Maybe they are keeping the child longer than they are supposed to. Or maybe they are not picking up the child at the agreed time. If a parent keeps breaking the order, the other parent can go to court and ask the judge to change the order so that the child has a more stable routine. The court takes it very seriously when a parent does not respect the rules set in a custody order.
If the Parents Agree to a Change
When both parents agree that the custody arrangement should change, the process is usually smoother. They can file an agreed motion to modify with the court. The judge will still look at the change and make sure it is in the child’s best interest, but there will not need to be a long court hearing. This kind of cooperation shows the judge that the parents are working together to do what is right for their child.
How Long the Process Takes
There is no set timeline for how long a custody modification will take. If both parents agree, the process can be fairly quick. But if there is disagreement, it can take several months, especially if a hearing or trial is needed. The court may also require mediation, which is when both parents meet with a neutral third person to try to reach an agreement. The goal is always to resolve things in a way that helps the child the most.
What You Need to File a Case
To start the process, you must file a petition to modify the parent-child relationship. This petition tells the court what change you want and why. You will also need to give notice to the other parent, and they will have a chance to respond. You may need to collect evidence like school records, medical notes, messages, or witness statements to show that your request is based on a real change and that it is good for the child.
Why Legal Help Makes a Big Difference
Child custody changes can be complicated. Texas courts have very specific rules about what needs to be shown and when. If you are worried about your child’s safety, confused about what steps to take, or unsure how to explain your side to a judge, having a lawyer on your side can help you feel more confident. A lawyer can help you figure out if your situation counts as a big enough change. They can help you collect the right evidence and speak clearly in court. They can also protect your rights and your child’s well-being throughout the whole process.
Every Child Deserves the Right Custody Plan
At the end of the day, custody orders are about what helps children grow up safe, happy, and healthy. Sometimes life changes, and the law gives families a way to respond to those changes. The court is not trying to punish anyone. It simply wants to make sure the child is in the best situation possible. If you think your current custody order no longer fits your family’s life, it may be time to talk to someone who can help.
Let Us Help You Take the Next Step
We know this is not easy. You might be worried about how your child is doing or wondering if things will ever feel stable again. You don’t have to figure this out by yourself. At McCarty Larson, PLLC, we are ready to listen to your story and help you build a strong path forward. Whether you need to change your custody order because something serious has happened or because your child’s needs have grown, we can stand with you.
Let us help you take the stress off your shoulders and move toward a better future for you and your child. Reach out to McCarty Larson, PLLC today and let us guide you through this important step with care and strength.